MORE than $4 million in taxpayer-funded legal aid will be provided to the crew members of asylum-seeker boats who are on trial in Australia this year on people-smuggling charges.
The Attorney-General's Department has revealed that more than 198 crew -- who are referred to as people-smugglers but are rarely the masterminds behind the operation -- are awaiting trial in various states, with a further 161 under investigation for possible prosecution.
On average, about $20,000 per case is paid in legal aid for defended matters, on top of about $5000 a day in estimated court costs to administer the trials.
The costs were revealed in written answers from the Attorney-General's Department to questions from Liberal senator Russell Trood in February Senate estimates hearings.
They were based on funding provided to Western Australia, which until recently heard 95 per cent of cases because the majority of people arrive off its northwest coast.
Last July, the federal government agreed to give the state respite from hearing the vast majority of cases, transferring defendants to Queensland and NSW for trial.
Because of the escalating costs and increased boat arrivals, the states pushed for more funding at a meeting of the nation's attorneys-general in December.
As of the middle of last month, 353 people had been arrested and charged with people-smuggling offences since June 2009.
Refugee lawyer Marion Le said the number of people being put on trial in Australia for people-smuggling and the subsequent cost was "extraordinary".
"This whole thing is an abuse of process . . . most of the people who arrive here as crew of these boats are not big-time players and it has to be stopped at the other end, not by prosecuting these people who often are just poor fisherman," Ms Le said.
"I'm flabbergasted by the figures and also the numbers of people being prosecuted in the first place . . . personally, I think the money would be far better spent on setting up a regional processing centre now so these people don't have to get on boats and take these risks."
Opposition border protection spokesman Michael Keenan said the taxpayer burden was a cost of Labor's failed policies. "This is happening because Labor went soft on our borders and encouraged people-smugglers to direct people here," he said.
A spokesman for Attorney-General Robert McClelland said providing legal representation for people charged with serious Commonwealth offences was essential to facilitate a fair trial and to avoid prosecutions being stayed indefinitely, following a High Court decision in 1992.
The revelations over legal aid funding came just a day after Border Protection Command revealed it had intercepted the 16th asylum-seeker vessel to arrive in Australian waters this year, carrying 53 passengers and two crew.